HB1013
To Protect Fertility Treatment Rights In This State.
AI-Generated Summary
This bill establishes "Fertility Treatment Rights" within Arkansas law. It defines various forms of fertility treatment, including the preservation of reproductive materials, artificial insemination, assisted reproductive technology, genetic testing of embryos, fertility medications, and gamete donation. The bill grants individuals the right to receive fertility treatment without prohibition or interference, in accordance with widely accepted medical standards. It also allows individuals to continue or complete ongoing treatments and to make decisions regarding their reproductive genetic material. Healthcare providers are given the right to provide fertility treatments and manage reproductive genetic material according to established medical standards. Healthcare insurers are permitted to cover fertility treatments that adhere to these standards. Manufacturers are allowed to market and distribute legally approved fertility drugs and devices. The bill also outlines conditions under which state laws regulating medical facilities or providers would not violate these established fertility treatment rights. It provides for civil action and attorney's fees for prevailing plaintiffs who allege violations of these rights.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries of this bill are individuals seeking or undergoing fertility treatments, including those seeking to preserve fertility, undergo artificial insemination, or utilize assisted reproductive technologies. Healthcare providers engaged in offering fertility treatments and related services, as well as healthcare insurers who may cover these treatments, would also benefit by having clear rights and protections. Manufacturers of fertility drugs and devices would benefit from clear guidelines for marketing and distribution. The establishment of these defined rights aims to ensure access to and the continuation of fertility treatments.
Who Might Suffer?
This bill, by establishing broad protections for fertility treatment rights, could potentially negatively impact entities or individuals whose existing or future regulations or policies seek to restrict or prohibit certain fertility treatments or procedures. For instance, if state or local regulations currently limit access to specific fertility services, this bill's provisions could lead to legal challenges against such limitations. The bill's enforcement mechanisms, including the awarding of attorney's fees to prevailing plaintiffs, could also impose financial burdens on government entities or other organizations found to be in violation of these established rights. While not explicitly stated as negatively impacted, any entities or individuals who oppose or wish to restrict access to fertility treatments based on moral, ethical, or religious grounds may find their positions challenged by this legislation.